Town of Harwich Massachusetts - Minutes

SELECTMEN’S MEETING

GRIFFIN ROOM, TOWN HALL

MONDAY, MAY 12, 2008

SELECTMEN PRESENT: Cole, Marsland, McManus, Piekarski, Wilkins

SELECTMEN ABSENT: None

OTHERS PRESENT: Town Administrator James Merriam, Asst. Town Administrator Nan Balmer, David Ryan, Lt. Gagnon, Craig Wiegand, Foster Banford, Lincoln Hooper, Dennis Hoye, Tom Leach, Ray Jefferson, Geoffrey Wiegman, Richard Flink, Doug Morrissey, Paul Widegren, Tony Pagliaro, George Boulé, Richard Waystack, John Halliday and others.

MEETING CALLED TO ORDER at 7:00 p.m. by Chairman Wilkins.

Mr. Jefferson encouraged voters to support the Police Station facility at the May 20^th election.

PUBLIC COMMENT/ANNOUNCEMENTS

Mr. McManus announced that there will be a clean-up activity at Exchange Park on May 17^th and encouraged volunteer participation.

1. February 27, 2008 – Regular Session

2. April 14, 2008 - Regular Session

3. April 22, 2008 – Regular Session

B. Committee Resignations

1. Planning Board / Community Center Facilities Committee

2. Conservation Commission

C. Approve Long Pond Bass Tournaments

D. Approve new application for Common Victualler license by Subway

E. Approve new application for Lodging House by Cobblestone Cottage B&B

F. Approve seasonal renewal for Lodging House for Willow House Guests

Mr. McManus moved approval of the Consent Agenda and the recommended actions thereon. Mr. Marsland seconded the motion and the motion carried by a unanimous vote.

PUBLIC HEARINGS/PRESENTATIONS (7:15 P.M.)

A. Harwich Water Department Award

Mr. Merriam explained that for the second year in a row the Harwich Water Department has received the Public Water System Award from the Massachusetts DEP. He added that there was an awards ceremony held last week at the State House. Mr. Wiegand noted that Harwich has one of the top 8 water systems out of 325 in the Commonwealth. He thanked his crew for their outstanding efforts. The Board congratulated Mr. Wiegand and his staff on their achievement. The Board requested that Mr. Merriam send a letter of appreciation and congratulations to Mr. Wiegand and the Water Commissioners.

A. Adopt Computer Use Policy

Chairman Wilkins stated that the policy is fairly comprehensive and Mr. Marsland agreed. Mr. Merriam explained that they had taken the Town of Dennis’ policy and modified it. Mr. Cole asked that Mr. Merriam go back and clarify several points in the document which he outlined. Chairman Wilkins noted that these are guidelines and Mr. Merriam agreed, adding that he is trying to deter unproductiveness.

PUBLIC HEARINGS/PRESENTATIONS (7:15 P.M.) (Continued)

B. Public Hearing - Fish Weir Permit Renewals

Mr. Piekarski read the hearing notice into record and Chairman Wilkins opened the hearing. Mr. Leach reported that we haven’t had any problems with the fish trap operators and he supports approval of the renewals. Mrs. Eldridge of Monomoy Trap Company apologized for the late renewal application. Mr. McManus moved to grant a fish weir permit renewal for Monomoy Trap Company, Trap #289, and Nantucket Sound Fish Weirs, Trap #239, for a period of 5 years. Chairman Wilkins seconded the motion and the motion carried by a unanimous vote.

C. Public Hearing - Application for Seasonal, Common Victualler, All Alcohol License by Kedja, Inc. d/b/a Andale! Café

Mr. Piekarski read the hearing notice into record and Chairman Wilkins opened the hearing. Ms. Kendra Sarabia, owner, introduced herself and provided abutter notice receipts to the Board. Mr. Merriam provided additional information that was provided from the ABCC today that the premises is currently licensed to Ay! Caramba exclusively and another license cannot be issued to the premises.~ He added that if Ay! Caramba has filed for bankruptcy we should have received notification from the bankruptcy trustee as well as any correspondence on the bankruptcy issue and we have not. Mr. Merriam also stated that if Ay! Caramba is in bankruptcy and we call in the license we risk being sued as State law requires that the license is in the control of the bankruptcy trustee.~ He also noted that we need to act on Andale’s request for a seasonal license within 30 days or they can appeal to the ABCC. Mr. Merriam noted that this information has just been submitted to our Town Counsel for opinion. Chairman Wilkins requested that Mr. Merriam draft a letter to the owner of Ay! Caramba as we need to know where we stand. Mr. McManus moved to continue the hearing until May 19^th. Mr. Marsland seconded the motion and the motion carried by a unanimous vote.

D. Public Hearing – Application for Alteration of Premises to the Annual, Common Victualler, All Alcohol Liquor License by Morningstar Restaurant, Inc. d/b/a Villa Roma

Mr. Piekarski read the hearing notice into record and Chairman Wilkins opened the hearing. Mr. Douglas Morrissey, Manager, explained that they are just seeking to utilize the patio for waiting patrons and there will be no service there. Mr. McManus inquired if there are amplified speakers on the patio and Mr. Morrissey responded that there are not. Mr. Piekarski inquired if there would be adequate staff to oversee the patio and Mr. Morrissey responded that there would be. With no one from the public appearing, Mr. Cole moved to close the hearing. Mr. Marsland seconded the motion and the motion carried by a unanimous vote. Mr. Cole moved to approve the application for alteration of premises for the liquor license at Morningstar Restaurant d/b/a Villa Roma at 278 Route 28. Mr. Marsland seconded the motion and the motion carried by a unanimous vote.

A. Approve recommendation for Police Communication Tower bid

Mr. McManus moved to approve the low bid of $119,207.60 from Broadcast Tower Services from Bridgewater, MA for the provision of a new communications tower at the police and fire facility. Mr. Marsland seconded the motion and the motion carried by a unanimous vote.

B. Award Contract to VHB

At Mr. Hooper’s and Mr. Merriam’s recommendation, Mr. Cole moved to approve the awarding of the contract to VHB for $6,700. Mr. Marsland seconded the motion and the motion carried by a unanimous vote.

C. Committee size and member attendance

1. Disability Rights Committee

Chairman Wilkins requested that Mr. McManus and Mr. Cole speak to Ms. McCann and come up with a recommendation.

Mr. McManus moved to accept the resignation of George L. Porter effective today. Mr. Cole seconded the motion and the motion carried by a unanimous vote.

3. Real Estate and Open Space Committee

Mr. McManus moved to set the committee strength at 7. Mr. Cole seconded the motion. Mr. Widegren noted that he had no preference. The motion carried by a unanimous vote.

D. Golf Committee License Agreement Proposal

Mr. Pagliaro explained that they worked with Mr. Merriam on this proposal in an effort to maximize range revenue and that it was voted by the Golf Committee to bring before the Board. He urged the Board to look favorably on this request. Mr. Merriam explained that the agreement was modeled after the Town of Sandwich’s agreement which was written by Kopelman and Paige. He recommended that this be implemented next year due to the late point in the season. The Board discussed the proposal with Mr. Hoye, Mr. Pagliaro and Mr. Boulé and they took comments from Mr. Flink and Mr. Wiegman who asked for a financial report on the facility. Mr. Marsland moved to endorse an employee-based model for this golf season and instruct the Golf Committee at some point in October to visit the numbers, the revenue figures that have been generated, and a license agreement and determine if it would be feasible to advertise for a license proposal for next golf season. Mr. Cole seconded the motion for discussion and he asked further questions of Mr. Pagliaro and Mr. Merriam. Mr. Pagliaro stated that the Golf Committee believes the time to start this is now. Mr. Hoye expressed his concern that he believes this proposal conflicts with his job description which allows him to supervise all golf instructional programs. Mr. McManus also expressed concern that they haven’t seen a business plan and they need to before they can see if this proposal makes sense. Mr. Merriam agreed to provide a business plan to the Board. The motion carried by a 4-1-0 vote with Mr. Cole in opposition. Mr. McManus moved to set a public hearing to consider a change of golf fees for May 27^th. Mr. Piekarski seconded the motion and the motion carried by a unanimous vote.

E. Vote to accept grant award of $40,000 from the MTC Renewable Energy Trust and authorize the Chairman to sign

Mr. McManus moved to accept a grant from the Massachusetts Technology Collaborative for $40,000 and authorize the Chairman to sign the grant documents. Mr. Marsland seconded the motion and the motion carried by a unanimous vote.

F. Town Administrator recommendation on Dog Hearing held on May 1, 2008

Mr. Merriam read his recommendation as follows:

Donald and Sandra Welch must keep their dog Oscar on a short leash and muzzled at all times when off premises. The ACO advises that some muzzles are not safe for a dog to wear for extended periods, and suggests a basket type muzzle, which would allow Oscar to breathe normally. When off leash, the dog must be confined to the premises, and if unattended, he must be in a secure pen.

Per Mrs. Welch’s letter, Oscar is prohibited from visiting Thompson’s Field and Bells Neck Conservation area until successful completion of a re-training program. The Welches must enroll Oscar in a facility for additional behavioral training. Voice and physical command and control must be achieved by the owners. The ACO and I would recommend that the Welches be required to have Oscar evaluated by a dog behaviorist and complete the training program (for example: Gina Hayes of Just Dog Training Center).

When training has been completed and documentation is provided to the Animal Control Officer and the Town Administrator, the muzzle may be removed when off premises. Certification of training is mandatory. At that time, it is the recommendation of the Town Administrator that this dog will be leashed at all times in public areas.

Mr. Cahoon, attorney for Mr. and Mrs. Welch, questioned which dog was the aggressor in each of these incidents. He pointed out that none of the incidents required veterinarian attendance. He also stated that Oscar has no problems with people. Mr. Cahoon objected to the muzzle requirement as it is extreme and excessive and added that when in public the dog is under control of the owner. Mrs. Welch reported that Oscar is in the process of being trained by The Dog Man in Eastham. Mr. Merriam noted that the muzzle requirement is only until the training is complete. Mr. McManus moved to approve of the Administrative Officer’s recommendation. Mr. Cole seconded the motion and the motion carried by a unanimous vote.

G. Motorized Recreational Vehicle Use Policy

Chairman Wilkins asked that the Board review the policy and report to Mr. Merriam with comments. Mr. McManus pointed out that the Police Chief does not need the Board’s policy to enforce the law. Mr. Merriam responded that the policy clarifies the use of Town-owned property. Chief Mason agreed that he does not need a policy to enforce the law but he feels we do need a policy to make a public statement that this activity won’t be tolerated and to give fair notice that we intend to enforce. Chairman Wilkins agreed to bring this item back on a future agenda.

H. Mooring Servicing Agents

Ms. Balmer outlined her letter and the recommendations from the Waterways Commission. She noted that the agreements expired in March of this year and she took questions from the Board. Mr. Cole made a minor editorial change on Page 6 of the document. Mr. Leach explained that Cross Rip Services has decided that they will not renew but are setting the moorings for this year. He noted that Allen Harbor Marine Service, Ed Conway, and Harwich Port Boat Works are moving forward without legal endorsement. Mr. Piekarski moved to approve said revisions recommended by the Waterways Commission to the Mooring Servicing Application. Mr. Cole seconded the motion. Mr. McManus and Mr. Cole stressed the need for criteria for selecting Mooring Servicing Agents. Mr. Merriam requested that Mr. Leach provide a list of criteria. Mr. Cole requested to amend the motion to make it subject to criteria. Mr. Piekarski agreed to the amendment. Mr. McManus noted that the fields are going to be set before the Board makes selections and they may or may not be the same people. He expressed concerns as there is a certain liability with being the agent for the fields and he would have been more comfortable with extending the current agreements to the end of the boating season and Chairman Wilkins agreed. The motion carried by a unanimous vote. Mr. McManus moved to extend the existing permits through the current boating season except that if any permit is given up, that a new agent will be selected for the remainder of the season using the new process. Mr. Cole seconded the motion and the motion carried by a unanimous vote.

I. Temporary Sign By-Law – Referral to Planning Board

Mr. Wiegman reiterated his previous claim of discrimination by the Building Commissioner in sign by-law enforcement and provided pictures to the Board as such. He read the attached statement to the Board. Mr. Leach pointed out that the boat storage on Bank Street was previously approved. Mr. McManus moved to request that staff of the Town study these issues and make a report to the Planning Board for their recommendation. Chairman Wilkins seconded the motion. Mr. Wiegman claimed that four out of five of the Selectmen are in violation of the sign by-law and therefore cannot take action on this issue. Chairman Wilkins exercised the Rule of Necessity in this matter. Mr. Merriam read his letter to the Planning Board requesting that they work with the Building Commissioner and Mr. Wiegman to determine the specific issues of dispute and whether clarifying language would assist in resolving any ambiguities. Mr. Flink accused the Board of avoiding the question and added that the Building Commissioner could not prove that any of the HTA’s signs were on Town property. He stressed that the Building Commissioner is not within the Board’s purview. Mr. Wiegman noted that he had filed a complaint with Mr. Merriam and nothing has been done. He also claimed that Mr. Larsen did not act by himself. Mr. Cole stated that there is no evidence that someone instructed Mr. Larsen to remove the signs and he doesn’t know that the Building Commissioner is not removing other signs. He commented that Mr. Wiegman is making assumptions.

Mr. Piekarski stated that in his opinion the signs were taken down in poor judgment and the by-law should be enforced for all parties but noted that they need more time get answers. Mr. Waystack questioned Mr. Wiegman’s claim of discrimination and pointed out that Mr. Larsen had removed some of his signs as well. Mr. Leach commented that Mr. Larsen had removed a sign in front of the Harbormaster’s building on Bank Street also. The Board agreed that Mr. Merriam should submit information on this issue to the Planning Board for their first meeting in June. Mr. Wiegman offered an amendment to the motion that the by-law should be enforced in a non-discriminatory manner and Mr. McManus declined to amend his motion. The motion carried by a unanimous vote.

Mr. Piekarski moved that between now and the time that the decision is reached regarding the by-law that it is enforced in a non-discriminatory manner pertaining to the signs. Mr. Marsland seconded the motion for discussion. Mr. Piekarski moved to extend the meeting for 15 minutes at which point he will be leaving. Mr. Marsland seconded the motion. No vote was taken. Mr. Marsland asked for a legal opinion on whether we can suspend that section of by-law pending further investigation. Mr. McManus moved to call the question. Chairman Wilkins seconded the motion and the motion carried by a 4-1-0 vote with Mr. Marsland and Mr. Cole in opposition.

The Board further discussed the matter after the question was called and Mr. Piekarski left the meeting. Mr. Piekarski’s motion failed on a 1-2-1 vote with Mr. McManus and Mr. Marsland in opposition and Mr. Cole abstaining from the vote.

TOWN ADMINISTRATOR’S REPORT

Mr. Merriam delivered the following report to the Board:

Attached is a copy of the draft HVAC report for Town Hall. With the projected expense exceeding budget, we have recommended a three phased approach. Phase 1 would cost approximately $162,000 with overhead, profit and contingency to replace the 3 roof units, plus engineering. We have $100,000 appropriation plus $75,000 Cape Light Grant.

Harwich Office Hours with Rep. Peake

State Representative Sarah K. Peake has scheduled office hours at the Community Center Room #2 on Monday, May 19, 2008 from 10:00 a.m. to noon.~ Please stop by to meet with Rep Sarah Peake to discuss issues that are important to you.

From Larry Ballantine~ Massachusetts Estuaries Project

Please consider sending, either by e-mail for by letter, a version of the attached letter to appropriate political powers. As discussed at our last CWMP we are seeking all the support we can get to resolved the MEP contract issues which is slowing our work. I think in the political world, volume is important repetition of the same message will help our case.

Below are a few I recommend should be contacted. You probably have others - chairs of relevant committees, etc. Rep. Peake, Sen. O’Leary, Gov. Patrick and Sen. President Murray.

GBS representative Carol Cormier has written the attached letter in which the Steering Committee voted to offer lower cost “rate saver” plans.

As you know, our Engineering Department has well established this Middle Road ancient way as far back as 1851, however, this does not provide legal access. Paul Sweetser believes the Rev. Crisci may have prescriptive rights (private matter) having used this access since at least the 1960’s (longer than the minimum required 20 years). Town Counsel has opined that public safety vehicles could access Middle Road during an emergency only, but any other access should be through a Court Order.

Mr. Wiegman has continued to question the Building Commissioner’s interpretation and enforcement of the temporary sign bylaw. In order to resolve this dispute, I am recommending that this issue be referred to the Planning Board for review and consideration of amendments.

Harwich Harbormaster, Tom Leach, will speak on "Lost Sentinels, The Lightships of Nantucket Sound," Thursday, May 22, 6:30 pm at Brooks Free Library, 739 Main St. Harwich. For hundreds of years sailing ships were the tractor trailers of their day, carrying goods, lumber, coal, and people, north and south along the eastern seaboard from Boston, New York, and beyond. More than a dozen lightships marked a safe passage through the treacherous shoals of Pollock Rip, Nantucket, and Vineyard Sounds for these vessels. Leach will share old photographs and talk about the importance of these anchored guides. FREE. 508-430

HECH Walkathon Postponed

Chairman Wilkins upon consultation with Bob Murray, has advised that the May 9-10 walkathon has been postponed until May 30^th.

Mr. McManus moved to adjourn the meeting at 11:10 p.m. Chairman Wilkins seconded the motion and the motion carried by a unanimous vote.

Respectfully submitted,